Olajumoke DadaReceiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) can feel daunting, but it’s important to remember that an RFE is not the end of your immigration journey.
Instead, it’s an opportunity to strengthen your application by providing the additional documentation USCIS needs to make a decision.
At VeriPass, we understand the complexities of responding to an RFE. In this comprehensive guide, we’ll share top tips and strategies to help you craft a compelling RFE response that maximizes your chances of approval.
Understanding the Request for Evidence (RFE)
Before diving into our tips, let’s clarify what RFE means. You may ask, what is RFE?
An RFE, or Request for Evidence, is a formal notice from USCIS requesting additional documentation or information necessary to adjudicate your immigration application.
Is RFE a good sign?
Receiving an RFE isn’t necessarily negative; it indicates USCIS is still actively considering your case and requires more information before making a final determination.
Why Do RFEs Happen?
Understanding why RFEs are issued can help you prepare a strong response. Common reasons include:
1. Insufficient evidence to prove eligibility.
2. Missing documents such as birth certificates or medical exams (I-693 RFE).
3. Discrepancies in submitted information.
4. Questions about employment qualifications or employer financial stability.
For example, an H1B RFE might request proof that your job qualifies as a specialty occupation or clarification about your employer’s ability to pay.
However, with an EB-2 NIW, applicant doesn’t need a job offer and therefore doesn’t need to obtain a permanent labor certification. This is what we help you achieve at Veripass.
Step-by-Step Guide to Responding to Your RFE
Step 1: Carefully Review Your RFE Notice
The first and most crucial step upon receiving an RFE is carefully reviewing its contents.
The USCIS RFE envelope will contain a detailed letter specifying exactly what evidence or documentation is missing or insufficient.
Pay close attention to:
• The specific eligibility criteria USCIS believes you haven’t fully established.
• The deadline for submitting your response—typically 30 to 90 days from issuance.
• Instructions on how and where to submit your response.
Pro Tip: Always make a copy of the original RFE notice for your records before submitting it back with your response packet.
Before assembling your response, thoroughly read and understand every point raised. Pay close attention to whether it’s a Request for Initial Evidence (RFIE) or a general Request for Evidence (RFE), as these differ slightly in scope. Misunderstanding the request can lead to incomplete submissions or unnecessary delays.
Step 2: Gather Supporting Documentation
Compile all requested documents meticulously. Commonly requested evidence includes:
• Affidavits confirming employment experience or specialized skills.
• Financial records demonstrating stability.
• Employment verification letters.
• Medical records (e.g., I-693 medical exam forms).
• Birth certificates or marriage certificates for family-based petitions (I-130 RFE).
• Evidence of United States citizenship if required.
For employment-based petitions, common issues include specialty occupation qualifications, employer’s ability to pay, and discrepancies in job descriptions.
Step 3: Crafting Your Response
Your response should be clear, organized, and persuasive. Here’s how:
1. Cover Letter: Begin with a concise cover letter summarizing the evidence provided and directly addressing each point raised by USCIS. You can refer to sample RFE cover letters online for guidance. Nevertheless, Veripass can help you craft out the best cover letter response tailored to your RFE.
2. Detailed Explanations: Clearly explain how each piece of evidence supports your eligibility. For instance, if responding to an H1B specialty occupation RFE, clarify how your position meets specialty occupation requirements.
3. Organize Clearly: Structure your packet logically—include the original RFE notice on top, followed by your cover letter and supporting documents in the order requested by USCIS.
Step 4: Seeking Professional Guidance
Given the high stakes involved in immigration applications like O-1 visas or EB-2 NIW petitions, professional guidance can make all the difference.
At VeriPass, our team provides personalized support tailored specifically to high-achieving professionals, entrepreneurs, creative artists, and tech innovators navigating complex RFEs such as the NIW RFEs1. Our expertise includes:
• Analyzing your case thoroughly.
• Developing credibility-building strategies.
• Ensuring compliance with USCIS standards.
• Providing sample responses and cover letters tailored specifically for your situation.
Step 5: Submitting Your Response
Timely submission is critical—late submissions are typically denied outright by USCIS. Keep copies of everything submitted and use trackable delivery methods for peace of mind.
Common Questions About RFEs Answered
Let’s address some frequently asked questions about RFEs:
How long does USCIS take to respond to an RFE?
USCIS response times vary based on case complexity and workload but typically range from several weeks to several months after submission. Premium processing options are available for certain visa types like H1B visa RFEs, significantly reducing wait times.
Does Medical RFE Mean No Interview?
A medical RFE doesn’t necessarily indicate that you’ll avoid an interview; it simply means USCIS needs updated medical information (Form I-693) before proceeding further with adjudication.
Can I Send Additional Documents Without an Official RFE?
USCIS generally discourages unsolicited evidence submissions unless specifically requested through an official notice. Sending unsolicited evidence without an official request may delay processing or even negatively impact your case.
Common Types of RFEs and How VeriPass Can Help
When you are faced with an NIW RFE, discussions often highlight common issues like insufficient proof of extraordinary ability or national interest significance. VeriPass specializes in addressing these complexities through personalized support:
• EB2 NIW RFEs: We focus on demonstrating substantial merit and national importance through compelling narratives backed by robust evidence.
• OPT/STEM OPT RFEs: For students transitioning from OPT to STEM OPT extensions facing RFEs (stem opt rfe), we provide detailed guidance on documenting training plans and employer compliance.
• Family-Based Petitions (I-130): Common issues include proving relationships through birth certificates or marriage documents; we ensure thorough documentation submission.
• Adjustment of Status (I-485): Medical exams (I693 RFE), financial affidavits (I864), and initial evidence requests are frequent; we guide you through each requirement precisely.
What Happens After RFE Approval?
Once USCIS receives your response (“response to USCIS’ request for evidence was received”), they will resume active review (“case is being actively reviewed by USCIS after RFE”).
Approval doesn’t guarantee final success but moves you closer toward your immigration goal.
Post-RFE approval steps typically include background checks, possible medical examinations, interviews if required, and final adjudication decisions.
At VeriPass, we’ve helped numerous high-achieving professionals navigate challenging RFEs successfully. While VeriPass offers expert assistance tailored specifically toward qualified applicants meeting O-1 visa qualifications or EB2 NIW criteria—we set clear expectations upfront regarding eligibility standards required by USCIS regulations—to avoid attracting unqualified leads.
In conclusion, navigating an immigration request for additional evidence doesn’t have to be overwhelming—with careful preparation guided by experienced professionals like those at VeriPass—you can confidently address any concerns raised by USCIS effectively strengthening your case toward successful outcomes.